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STATE v. CALDWELL

No. 7430SC330.

205 S.E.2d 322 (1974)

21 N.C. App. 723

STATE of North Carolina v. Donald E. CALDWELL.

Court of Appeals of North Carolina.

June 5, 1974.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Asst. Atty. Gen. H. A. Cole, Jr., Raleigh, for the State.

Riddle & Shackelford, P. A. by George B. Hyler, Jr., Asheville, for defendant appellant.

MORRIS, Judge.

It seems clear that the defendant was convicted in District Court of assault upon a public officer while the officer is attempting to discharge a duty of his office in violation of G.S. § 14-33(b)(4). This charge requires all the essential elements of a charge under G.S. § 14-223. (Resisting Officers) and all the elements necessary were included in the warrant. (See State v. Summrell, 282 N.C. 157,

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